In just about any divorce, grandparents often want to maintain a relationship with their grandchildren. They may worry that the child’s parents will attempt to exclude them from their lives. Fortunately, there are several ways the grandparents can request custody of their grandchildren during a divorce.
Grandparents often provide a lot of care for their grandchildren. They may drive them to school, help with homework, and even cook dinner. However, sometimes the relationship between a child and his or her grandparents breaks down due to a divorce or separation. This can leave the grandparents with no choice but to pursue custody in court.
When a grandparent is requesting custody, this process will typically require a formal legal process, and it is essential that the grandparent has an experienced family lawyer by their side to make sure they are doing everything correctly. The court will look at a wide range of factors when determining whether to award grandparent visitation, including the best interests of the child. It will consider how spending time with the child would benefit them, as well as how this might affect their relationship with their parent.
The court will likely grant visitation if the grandparents have a strong argument that spending time with their grandchildren would benefit them. They must also prove that the child’s current living arrangement is unsafe or unsupportive. They could do this by presenting concrete evidence and, possibly, expert testimony. A court may also opt to create a reasonable visitation schedule that is best for the child’s well-being.